Medical NegligenceClaim – John

The facts:

Our client, a man in his mid-forties, suffered from a condition called hydrocephalus, a build-up of fluid in the cavities within the brain. In order to manage the condition, a shunt was inserted into his brain. Despite his condition, our client was a relatively fit, happy and healthy family man who enjoyed spending time with his wife and children.

Our client presented to the Emergency Department of a hospital complaining of the ordinary shunt dysfunction symptoms, such as a headache, abnormal gait and confusion. During his admission, he underwent a surgery to remove the shunt and insert an external drain to divert the fluid from the brain. Unfortunately, our client suffered a drain dysfunction which the hospital failed to appropriately detect, monitor and treat. As a result of this failure, our client suffered catastrophic brain injuries, resulting in neurological impairment and quadriplegia.

The injuries:

Prior to the surgery, our client was completely independent, fit and healthy. He was married with children and was in good professional employment.

As a result of the hospitals negligence, our client suffered catastrophic injuries including extremely severe brain injury, permanent quadriplegia and cortical blindness. The resulting injuries were so severe that our client was rendered unable to speak, walk, swallow and required 24-hour care, including mobility, nutritional and care needs. Without a doubt, these injuries not only significantly impacted the life of our client, but impacted the psychological and financial being of our client’s wife, children and extended family.

Our strategy:

The client was rendered incapable of looking after himself or managing his own affairs as a result of the hospital’s negligence. The burden of looking after him and the family fell on the shoulders of his wife. Eventually, it was the wife who contacted us and asked us to investigate the possible claim against the hospital. Due to the size of the case, it was entrusted to one of our most senior lawyers, who is an Accredited Specialist in personal injury law.

We contacted our extensive network of highly skilled experts in the field of medicine, including prominent Professors in Neurosurgery, Professors in Infectious Diseases and Expert Radiologists, to assist with the case. Following several lengthy discussions with these experts, We obtained evidence that the hospital breached their duty of care and negligently caused our client’s injuries, and subsequently commenced proceedings in the Supreme Court.

As is often the case with cases, such as this one, the hospital vigorously defended itself. The hospital’s lawyers also engaged a number of medical experts. However, we successfully fought off this resistance and eventually rebutted the majority of medical assumptions relied upon by the hospital. As part of this strategy, we engaged in substantial consolations with our doctors, some of which were based overseas.

Mindful of the substantial expenses associated with litigation, we arranged for the parties to participate in a Mediation in order to attempt to resolve the matter without proceeding to a hearing.

The result

After lengthy negotiations, we ultimately secured a substantial settlement amount of $10,000,000. In addition, the defendant agreed to part pay our client’s legal fees. The client’s family were extremely satisfied with the settlement amount, which not only secured professional lifelong care for the client, but also provided financial compensation for the emotional turmoil caused by the hospitals negligence.